How do I get my wedding venue money back?

Questioner

August '22 we signed for a wedding hall in Schiedam and paid 25% in advance. Now this hall has exploded with two failed attempts. The entire front facade is gone, etc. Now their terms and conditions state that we will not get the deposit back, but it is a large amount + they have had so much shit in 3 months. Suppose it happens again next year, because we are getting married in that hall next year. My question now is, can I still try to get my money back?

Lawyer

Good afternoon, In principle, it is a contract of assignment. You can terminate the contract and claim the money back, as you have reason to believe that they will not or will not comply correctly. Depending on what is stated in the contract (but also the general terms and conditions), you can claim a refund. Sometimes provisions in the general terms and conditions can be set aside by the court. In the past, we have successfully litigated in similar situations. Please feel free to contact us without obligation to discuss your case further. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526

Questioner

Good afternoon, Thank you for your answer. The general terms and conditions state: “If the tenant wishes to change/cancel a confirmed activity, the following cancellation costs apply: in the event of a change/cancellation after confirmation up to 4 months before the rental date, 25% of the room rental will be charged.” That 25% is the down payment and we are getting married in September '24. The news also states that the mayor has ordered the doors to be closed immediately, so the hall is not available until the police report comes with a statement. Then they will also know whether the hall can open again or not.

Lawyer

Good evening, In general, such a provision is not allowed. Certainly not if the party is cancelled well in advance with this provider. As stated earlier, the circumstances of the case (what is stated in the agreement, but also the other provisions in general terms and conditions and correspondence between parties) are decisive in reaching a good conclusion. These must therefore be reviewed first. If you email your name and telephone number, you will be contacted tomorrow to discuss the matter further. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526 info@ferlei-legal.nl

Questioner

Good morning, I have not yet had any contact with the venue because the incident happened yesterday morning. But do I first have to tell them that I want to get rid of the rent? Greetings, Deniya Philipiah

Lawyer

Good morning, In fact, there is no (legal) dispute yet. Very often it pays to start a conversation. Only in the event of refusal/contradiction, you could take further steps. Good luck. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526